NOTICE OF VIOLATION
Via Certified Mail #
Via Certified Mail #
To: Kathy McCrudden
Joseph Cole
Environmental & Safety Engineer
Registered Agent for
Fort Wayne Foundry Corp.
Fort Wayne Foundry Corp.
4912 Lima Road
4910 Lima Road
Fort Wayne, IN 46808
Fort Wayne, IN 46808
Cause No. A-4446
Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) in September 1998 and March 2000, Fort Wayne Foundry Corp. located at 2509 E. Pontiac Street in Fort Wayne, Indiana, is in violation of the following environmental statute(s), rule(s), and/or permit(s):
B. Pursuant to 326 IAC 2-1-4, a source of facility which has allowable emissions of twenty-five (25) tons or more per year of any regulated pollutant shall apply for and obtain operating permits prior to commencing operation. Respondent commenced operating five (5) furnaces, eight (8) isocure core machines, and three (3) pouring and cooling lines without first applying for and obtaining operating permits, violations of 326 IAC 2-1-4.
C. Rule 326 IAC 2-2 requires any stationary source with potential Prevention of Significant Deterioration (PSD) emissions of two hundred fifty (250) tons per year or more of any regulated air pollutant to obtain and, comply with the requirements of a PSD permit including limitations of primary pollutants. During the record reviews, IDEM representatives discovered Respondent constructed and commenced operating the Disa pouring, cooling, and shakeout line in 1986 without obtaining a PSD permit from IDEM's Office of Air Management. The Disa line's particulate matter emissions exceed the PSD threshold. The construction and operation of the Disa line without a PSD permit violates 326 IAC 2-2.
In accordance with IC 13-30-3-3, the Commissioner is required to notify
an
alleged violator in writing that a violation may exist and offer an
opportunity to enter into
an Agreed Order providing for the actions required to correct the violations
and for the
payment of a civil penalty. The Commissioner is not required to extend
this offer for
more than sixty (60) days.
Entering into an Agreed Order will prevent the issuance of a Notice
and Order of
the Commissioner under IC 13-30-3-4, or the filing of a civil court
action under IC 13-
14-2-6. IDEM encourages settlement by Agreed Order, thereby saving
time and
resources. Timely settlement by Agreed Order may result in a reduced
civil penalty.
Settlement discussions will also allow the opportunity to present any
mitigating factors
that may be relevant to the violations. In addition, as provided in
IC 13-30-3-3, an
alleged violator may enter into an Agreed Order without admitting that
the violation
occurred.
If settlement is not reached within sixty (60) days of receipt of this
Notice of
Violation, the Commissioner may issue a Notice and Order containing
the actions that
must be taken to achieve compliance, the required time frames, and
an appropriate civil
penalty. Pursuant to IC 13-30-4-1, the Commissioner may assess penalties
of up to
$25,000 per day for each violation.
To discuss this matter further, please contact J. Brian Eaton at 317.233.6338
within fifteen (15) days after receipt of this Notice to request a
conference. If settlement
is reached, an Agreed Order will be prepared and sent for review and
signature.
For the Commissioner:
Signed 10/2/2000
Date: Felicia A. Robinson
Assistant Commissioner
Office of Enforcement
cc: Jean Bauer, US EPA Region V
Noble County Health Department
OAM Public File
Richard Sekula, OAM
Nisha Sizemore, OAM
Enforcement File